HomeMy WebLinkAboutContract 27133CITY S�CF�ET141�Y , . ;
CflN�"RAC� N'� . _ - -,.—�
�tate of T�xas § AGREEMENT CONCERNING THE TEXAS
§ POLLUTANT DISCHARGE ELIMINATION
§ SYSTEM PERMIT FOR STORM
City of Fort Worth § WATER DISCHA.RGES
This Agreemez�t is ente:red into the � day af �,. .'_ ,.,�;�, by and
between the CITY OF FORT WORTH (hereinafter referred to as "the City") and the STATE OF
TEXAS, acting by and through the TEXAS DEPARTMENT OF TR.ANSPORTATION,
hereinafter referred to as the State.
WHEREAS, the United States Environmental Protectian Agency {EPA} has pramulgated
regulations in 40 CFR §122.26, requiring Nation�.I Pollutant Discharge Elimuiatian Sys�em
(NPDES) permits for storm water discharges to waters o� the United States to be obtained by all
operators of municipal separate sform sewer systerns (MS�Ls) located in an incorparated ar�a with
a populafion of 100,�00 or more, and 1�as now transferred authority and responsibility for thase
permit� in Texas to the Texas Natural Resource Conservation Cammission (TNRCC) to be
known as the Te�as Pollutant Discharge Elirnination Systerti {TPDES) permit, and
WHEREAS, both the City and i1�e State own and o��rate MS4s requiring TPDES
permits, and
WHEREAS, under 40 CFR § 122.26(a){3)(ui), the operator of an MS4 which is part of a
larger system may participate in a TPDE� permit application by being a co-applicant (to be a co�
permittee), and
WHEREAS, the City and the State have agre�d to participate in a ca-applicatian in order
to ob�aixa. a TPDES permit, and
'WHEREAS, the City and the State desire to set forth their respective rights,
responsibilities, and obligations regarding such co-application, the subsequent op�ration of their
I ��e4��a� ����R�
1 of � 0 � �G� ������
�� ��. ���1�IYIla 4w "�r
respectiv� MS4, and the implementation of their respective storm watear management programs
pursuant to said TPDES pertnit,
NOW, THEREF4RE, for and in eonsideration oi fhe premises and th� rnutual covenants
and agreements hereinafter set forth and in consideratian of the mutual benefifs to be realized hy
the City and the State (her�inafter sometimes referred to as "parties"), the City and the State
hereby agree as follows, to wit:
1. The City and State have jointly submitted to TNRCC their TPDES permit application.
2. The responsibilities that each party agr�es to assume under this Agreement exter�d to the
corparate limits of the City, but nat beyond.
3. Each party is responsible for the construction, operation, maintenance, and inspection of
storm drainage facilities that it owns and operates, subject ta regulations in 43 T.A.C. §§
7.31, 25.8, and othex applicable State regulations and statutes.
4. The State, and not the City, is responsible for operation and maintenance of a11 property
and facilities that the State owns within any and all State highway right-a%ways except to
the extent otherwise pravided in State statute or regulation or in a municipal Maintenance
Agreement between the State and the Ciiy.
5. As co-applicants, the City and the State shall each comply with application requirements
and the TNRCC-issued TPDES permit terms fhat are applicable to their respecti�ve MS4
operations.
6. Each party shall pxepa�re and submit its own proposed storm water management program
to TNRCC as part of Part 2 of its TPDES permit application, and each shall be
responsible for its own mariagement program elements that are apprav�d by TNRCC and
become conditians of #he co-pernut.
Page 2
?. Any ordinance c�r municipal regulation adopted by the City with the i�t�nt or effect of
prohibiting, limiting, ar controlling the contribution of pollutants to the M54, or �he
pollution of any surface water or groundwater, is applicable to, and rnay be enforced
against, any person (including any cor�oration, arganization, or other legal entity) other
than the State or its agents, for violations caused flr occurring within the State highway
right�af-way. Any State authority over the sarne third-party cflnduct is not affected by this
recognitian of City authority.
S. The City and the State shall each adopt and ixnplement procedures to investigate, detect,
and abate illicit conn�ctions and �ther unlawful discharges and improper disposal in#o the
MS4 that each respectively operates. The City and State shall assist one another in
tracking illicit discharg�s that may or�ginate on or flaw through property within their
jurisdiction before entering the jurisdiction of the other.
9. The City agrees to use all reasvnable efforts to regulate and otherwise eontrol, to the
extent of its jurisdiction and authority, all sources oipollution in storm water discharged
onto State highway right-af-way, insofar as required by the terms af the City's stortn
water management pragram ihat are made conditians of the TPDES permit.
10. The State agrees to use all reasonable efforts to regulate and otherwise control, to the
extent of its jur�sdiction and authority, all sources of pollutio�z in storm water that
originates on the State lughway right-af-way, insofar as required by the terms of the
State's storm water manag�ment program that are made conditions of the TPDES permit.
11. VSTh�re illicit discharges to the state MS4 a.re involved, the City and ihe Sia�e shall consult
with each other on water quality problems attributable to a third party. Where an illegal
storm wa#er discharge is identified or suspected, #he City and tfie State will coordinate so
Page 3
as #a arrive at a mutually acceptable response to minimize or eliminate the water quality
problem.
12. Tn any permits, licenses, or similar authoriza�ions ar agreements executed by the 5tate
allawing or controlling .utility . line construction, . operation, or main,tenance within the
State highway right-of-way (such as for telephane, natural gas, petroleum, electricity,
water, or wastewater services), the Stat� shall require compliance with a11 City, as well as
State and Federal, laws cnntrolling erosion, sedimentation, and okher contributians of
pollutants #o the MS� by storrri water discharges associated with construction, aperation,
or maintenance of said utility lines. The City may enforce any ordinance nr municipal
regulation controlling the con.tribution of pollutants to its MS4 against any person, other
than the State or its agents, engaged in the construction, operation, or maintenance of a
utility line or ather facility wit�iin the State highway right-of-way.
i 3. In any utility constructian, aperation, or maintenance, or in any other activity performed
by the City itself, flr by its agents, upon Sta�e highway right-of-way, the City shall
comply, and assure co�npliance, witl� a11 applicable lacal, State, and Federal �aws and
regulations.
l�d. Upon reasonable �rior notic� to the State, the City shall have tha autharity to enter S#ate
Iughway right-of-way to conduct all inspections, sarnpling, records examination, and
other activities reasanably related to monitoring complzance with municipal laws
controlling starm water pollution by any persan other than the State. The pre�ious
sentence notwithstanding, prior no#ice to the State shall not be required if emergency
conditions make such prior notice infeasible or impractical or if no potential fvr
disruption. af highway use, operation, or canstruction exits. I#'the investigative actions of
the City will inter%re with highway operations or pase a hazard to the traveling public,
!'age 4
the City shall withhotd its investigation until the 5tate provides traffic control for khe City
at the City's request.
15. If either the City or the State becomes aware of a spill, disposal, leak, discharge, or other
r�lease of oil or any hazardous substance in an amaunt that may be harmful, and that may
flow, leak, enter, or otherwise be introduced into the M54 ope�rated by the other, the City
or the State, as the case may be, shall promptly notify the o#her parky oF th� incident,
describing the Iocation and source of the r�lease, the type of snbstance, the concentxation
and the volume (if known}, and any corrective action known to have been taken.
16. The state shall participate in the "wet-weather" monitoring required by �40 CFR, §
122.26(d){2)(iii), by funding at least one sampling lacation [within the Nortk� Central
Texas area under the wet-weather monitoring pragram being coordinated by the North
Central T�xas Council of Governments for the benefit of the City and the other six
Dallas/Fort Worth area cities required to obtain TPDES pernuts for discharges from �hair
MS4s�. A11 t�rms and condi#ians of the State's participation will be described in a
�eparate agreement.
li. The State shall participate and reasanably share in the exp�nsa of any on-gaing dry-
weather field scr�ening and wet-weather manitoring required by the TNRCC to be
conducted within the corparate limits of the City as a conditian of the TPDES permit, or
co-permit, issued to the City' and the State for their MS4 discharges. AIl terms and
conditions af the 5tate's participatifln will be described in a sepa�rate agreement
[following issuance of the TPDES permit]. The state will equally shar� with tiie City and
any other co-applicants in paying expenses, including fees, associated with the TPDES
permit for the permit application, major amendments, renewals, pu�lic notice and annual
reports.
Page 5
18. Any environmental assessments prepared by the State for highway projects within the
City shall be submitted to the City, and the City shall be afforded a reasonable
opportunity to comment th�reon early in project development.
19. Reports and other inforn�atian concerning ongoing research perfarmed by the State
related to highway operations and starm water runoff referenced in the storm water
management plan included� in the State's TPDES permit application shall be made
available ta the City upon request, including design prvicedurres and standard details
developed by the Staie as best maziag�ment practices for constructian activities and for
permanent stozrn water quality structural treatment controls.
20. The State shall develop andlnr participate in a public awarene�s program with the City.
This cooperative effort will include the use of State resourees to develop a program(s)
aimed at public involvement and public education.
21. This Agreement becomes effectiv'e upvn final signatures of the City and the State and
shall remain in effect for the duration of the TPDES permit.
22. This Agreement may be terminated by any oiths following methods:
A. By mutual consent af fhe signatories, with the approval of the TNRCC.
B. By either party, upan failure af the other party to fulfill its responsibilities and
obligations as set forth in ihis Agreement, and with the approvai of the TNRCC.
C. By either party, upon failure of the partf�s to reach agreement on any fi�ture
agreement referenced in this contract.
D. By either party, upon failure to agree to the amount of money satisfying the
"'reasonably share" language in Paragraph 17.
If te:rmination is due to the failure of a pariy to fu1fi11 its obligations under this
Agreement, that party shall be notified in writing that a possible breach of cvntract has
Page fi
accurred. The noncorn�lying party shall then have 30 days to respond before this
Agreemant may be ternunated.
23. A.11 references herein to the TNRCC as the governmental ag�ncy issuing and enforcing
the TPDES permit, appra�ing el�men�s of a storm water management plan, or otherwise
affecting this Agreement shall be deemed tv rnean, as well, any successor agency ta the
TNRCC, the EPA, ar any other federal agency that is delegat�d autharity to administer
the TPDES {or NPDES) permit program.
24. This Agreement contains a complete expression of the agreement between the parties,
and #her� are no promuises, representations, or inducements except as herein provided,
and the terms of this Agreement cannot be varied, modified, or amended except by the
written agreement of the parties hereto.
25. The failure by any pariy to exercise any right or to enforce any tarm or condition of this
Agr�ement in any instanee shall not be deemed to constitute a waiver of that party's
en#itlement ta axercise any right ar to er�force any term or condition of this Agreement
in any other instance.
2b. �n case any one or more of the provisions contained in this Agreement shall for any
reason be held invalid, ille�al or unenforceable in any respect, such invalidity, illegality,
or unenforceabiiity shall not affect any other pro�ision hereaf, and this Agreement shall
be construed as if such invalid, illegal, ar unenforceable provision had never been
contained herein.
Page 7
,• ,
COltri��1�7�1"�S.
IN WITNESS HEREOF, the City and the State have executed these presents in duplicate
f
under the authority of Minute Qrder No. 82513 and Administrative Order 15-88, for tha purpose
City of Fort Warth
and effect of ac#ivating and/ar carrying out the orders, e5#ablished policies or work programs
Executed for #he Ex�cutive Director and appro�ed for the Transportation Commission
hereto#'ore approved and autharized by the Texas Transportation Comrr�ission under the authority
of Minu#e �rder No. 140002.
District Engineer
Fart Worth District Office
WITNESS:
i ,��- "`. _ '
�'rloria P�drsari, City S�cretary
(SEAL)
SIGI�ATORTES:
� ��_ � �
�Y� I� f
STATE OF TEXAS
� ' � �- _ ,��
y: �,�.�e
ACCEPTED:
�
��� ��� � _
rian Boerner, Dir�ctor
Department af En�vironmental Management
f .. _ �
r . � . �,� , ,�
Contract Author�.zation
.
,� �1��- .
Date
LEGALYTY:
Page 8
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